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Business Acceptable Use Policy
Policy Introduction
The following are policies (“these Policies”) for use of Internet access
service that is provided by Mediacom to or through any customer
under a contract, agreement or other terms (“Customer Contract”)
that negotiated or arranged by the Enterprise Networks business unit
of Mediacom Communications Corporation, a Delaware corporation
(“MCC”) or any of its affiliates (or any successor business unit) or
that states that these Policies apply. The term “Service” refers to such
Internet access service. The terms “Mediacom”, “we” and “our” refer to
any company that is controlled by MCC and through which Customer
accesses the Service. The terms “Customer” and “you” refer to any
subscriber to the Service, and the term “User” refers to any person
or entity using the Service through use of or access to your premises,
network or any equipment owned or leased by you or under your control.
These Policies outline acceptable use of the Service as well as prohibited
conduct for using the Service. To achieve our objectives, Mediacom
may, in its sole discretion, determine whether any use of the Service is a
violation of these Policies and reserves the right to take such action as we
deem appropriate to address the violation.
These Policies apply to all Customers and to all Users, whether or not
authorized by Customer to use the Service. By ordering and using the
Service, you are presumed to have accepted these Policies on behalf
of yourself and all Users. You agree to inform all of your employees,
contractors, consultants, agents, and any other persons who you
reasonably expect to use the Service of these Policies. You agree to notify
Mediacom immediately if you become aware of any violation of these
Policies by any User. You are solely responsible for any failure of any
User to comply with these Policies, and you agree to hold Mediacom and
each of Mediacom’s affiliates, contractors, subcontractors, licensors and
suppliers, each partner, stockholder, member, director, officer, employee,
agent or representative of any of the foregoing and each successor and
assignee of the any of the foregoing (collectively, “Mediacom Parties”),
harmless from any such failure. These Policies supplement, but do not
supersede, any other contracts you have with Mediacom; and, if any such
contract restricts any use of the Service that is not addressed in these
Policies, such contract will govern with respect to such use.
IF YOU DO NOT AGREE TO COMPLY WITH THESE POLICIES,
YOU MUST IMMEDIATELY STOP USE OF THE SERVICE AND
INFORM MEDIACOM SO THAT YOUR ACCOUNT MAY BE
CLOSED.
Mediacom reserves the right to immediately terminate the Service and
any agreement or take any other lawful measures that it believes, in its
sole discretion, are warranted if you or any User engage in any of the
prohibited activities listed in these Policies, or use any Equipment or the
Service in any way which is contrary to any of Mediacom’s policies or any
of Mediacom’s suppliers’ policies. In such an event, termination or other
charges may apply. In addition, you and all Users must strictly adhere to
any policies set forth by any other service provider accessed through the
Service.
Without limiting the generality of the foregoing, Mediacom may refuse to
transmit or post, and to remove or block, any information or materials,
in whole or in part, that it, in its sole discretion, deems to be in violation
of the restrictions enumerated above, that harm its network or other
customers using the Service, or that negatively affect its network or other
customers using the Service.
Mediacom and its affiliates, suppliers, and agents reserve the right to
monitor customer transmissions and to disclose, block, or remove them
in order to enforce the restrictions in these Policies and the Customer
Contract.
Prohibited Uses
Using the Service in any manner described below is prohibited under
these Policies. The descriptions below are guidelines and are not intended
to be exhaustive.
Illegal/Criminal Activity
Neither Customer nor any User may use the Service in connection
with criminal or civil violations of state, federal, or international laws,
regulations, or other government requirements. Such violations include
theft or infringement of copyrights, trademarks, trade secrets, or other
types of intellectual property; fraud; forgery; theft or misappropriation of
funds, credit cards, or personal information; and threats of physical harm
or harassment.
Security Violations
Neither Customer nor any User may use the Service in connection
with attempts—whether or not successful—to violate the security of
Mediacom’s or another person’s network, server, personal computer,
network access or control devices, software or data, service, or other
system. Examples of prohibited activities include, but are not limited to:
• Hacking, cracking into, monitoring, scanning, probing or using
systems without authorization, including distributing or using tools
designed to compromise security, such as cracking tools, password
guessing programs, packet sniffers or network probing tools (except
in the case of authorized legitimate network security operations).
• Intercepting, interfering with or redirecting email intended for third
parties or taking any other action for the unauthorized interception
of data or harvesting of email addresses.
• Conducting denial of service attacks.
• Distributing viruses, worms, trojan horses or other harmful
software.
• Attempting to attack, breach, circumvent or test the vulnerability
of the user authentication or security of any host, network, server,
personal computer, or network access and control devices.
• Using any program, file, script, command or the transmission of
any message or content of any kind, designed to interfere with a
terminal session or the access or use of the Internet or other means
of communication.
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• Falsifying packet header, sender, or User information whether in
whole or in part to mask the identity of the sender, originator or
point of origin.
• Engaging in “phishing,” such as by sending emails that falsely claim
to be from a legitimate enterprise in an effort to induce recipients
to surrender private information that will be used for raiding bank
accounts, identity theft or other illegal or illegitimate purposes.
Threats
Neither Customer nor any User may use the Service to host, post, or
transmit materials of a threatening or violent nature, including threats of
death or physical harm, harassment, libel, and defamation, or materials
that provide guidance, information or assistance with respect to causing
damage or security breaches to Mediacom’s network or to the network of
any other Internet Service Provider.
Offensive Materials
Neither Customer nor any User may use the Service for the hosting,
posting, transmission, or distribution of offensive materials, including
obscene, pornographic, indecent, hateful, malicious, racist, and
treasonous materials.
Spamming
Spamming is an unacceptable use of the Service. Spamming includes any
of the following activities:
• Posting a single message, or messages similar in content, to more
than five online forums or newsgroups.
• Posting messages to online forums or newsgroups that violate the
rules of the forums or newsgroups.
• Collecting the responses from unsolicited email.
• Maintaining a site that is advertised via unsolicited electronic
messages, regardless of the origin of the unsolicited electronic
messages.
• Sending any unsolicited email that could be expected, in Mediacom’s
discretion, to provoke complaints.
• Sending email with charity requests, petitions for signatures, or any
chain mail related materials.
• Sending unsolicited email without identifying in the email a clear
and easy means to be excluded from receiving additional email from
the originator of the email.
• Sending email that does not accurately identify the sender, the
sender’s return address, and the email address of origin.
• Using Mediacom facilities to violate another Internet Service
Provider’s acceptable use policy and/or terms of service.
• Using another site’s mail server to relay mail without the express
permission of the site.
• Using Internet addresses that you or the User do not have the right
to use.
• Sending messages that are harassing or malicious, or otherwise
could reasonably be predicted to interfere with another party’s quiet
enjoyment of the Services or the Internet (e.g., through language,
frequency, size or otherwise).
• Distributing or using software designed to promote the sending of
unsolicited bulk electronic messages.
• Using distribution lists containing addresses that include those who
have opted out.
• Sending bulk electronic messages in quantities that exceed industry
norms or that create the potential for disruption of the Mediacom
network or of the networks with which Mediacom interconnects.
Interference
You and each User shall not use the Service in a manner that interferes
with any communications network or the usage or enjoyment of services
received by others.
You are Responsible for the Security of Your Computers and Data and
to Take Measures to Protect Against Viruses; Use of Wireless Internet
Connections
Users of the Service are responsible for maintaining the basic security
of their systems to prevent their use by others in a manner that violates
these Policies and for taking corrective actions on vulnerable or exploited
systems to prevent continued abuse.
You are solely responsible for the security of any computer or device
you use in connection with the Service and any data stored or software
installed on that computer or device to prevent use by others in a manner
that violates these Policies. Examples of failure to provide basic security
include but are not limited to improperly securing a mail server so that
it may be used by others to distribute spam and improperly securing
an FTP server so that it may by used by others to illegally distribute
copyrighted material. You are responsible for taking corrective actions on
vulnerable or exploited systems to prevent abuse.
Without limiting the generality of the foregoing, each computer or other
device used with the Service must be maintained in accordance with
generally accepted security principles. Without limitation, each user
must:
• Keep your computer operating system up to date with all of the
latest service packs and operating system patches.
• Implement standard anti-virus practices (“virus” refers to the entire
group of destructive software including but not limited to viruses,
worms and Trojans), which include but are not limited to:
• Using anti-virus software such as Computer Associates, Norton
Internet Security or McAfee or other anti-virus program with up-todate virus definitions;
• Performing a full scan of each hard disk for viruses at least weekly;
and
• Exercising reasonable judgment about handling email and other files
that are likely virus carriers. (Do not open email or email attachments
that come from unknown sources or that have unexpected subject
headings or that show evidence of multiple forwarding.)
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• Enable the firewall built into your operating system or a third party
firewall program such as Norton Internet Security, Zone Alarm Pro
or other personal firewall software.
• Scan each computer at least once weekly with Anti-Spyware
programs such as Spybot and Adaware or other Spyware detection
and removal tool.
• Immediately resolve any known security problems with your
computer, software or stored data.
Users of the Service who connect to the Internet through a wireless
modem, router or other device are required to take the additional
security measures that are recommended by the manufacturer of the
wireless device used or security experts. You should consult the user
manuals or other literature that was included with your wireless device,
visit the areas of the manufacturer’s website that contains security
information and/or consult reliable sources of information about wireless
security available on the World Wide Web.
Information about low-cost or no-cost security solutions and how
to keep your operating system updated and enhance the security of
your equipment and files usually can be found on the Website of the
manufacturer of your operating system or elsewhere on the World Wide
Web. Mediacom recommends that you use additional methods to prevent
or minimize unauthorized use of or access to your computer or data,
including (a) altering your user password frequently, and in any case,
every three months; (b) disabling file or printer sharing of any sort; and
(c) password protecting any particularly sensitive files or applications
on your computer. Mediacom strongly discourages the conduct of
confidential transactions (such as online banking, credit card usage) over
any wireless connection.
Each subscriber and user is solely responsible for the security of his or
her computers and connected devices and communications or other
activities using the Service. Mediacom is not obligated to provide any
type of security system, either hardware or software, to subscribers or
users for the purpose of preventing unauthorized access. If Mediacom
does provide any such hardware or software, it is not responsible or liable
if it does now work as intended or is otherwise ineffective. Mediacom, is
not responsible or liable if use of any security method, software, tool or
other measure that Mediacom requires, recommends or provides does
not prove to be adequate to prevent damage to or loss or destruction of
any software, files or data resulting from any virus, bomb, worm or other
harmful item or unauthorized access to or use of your computer or other
equipment, account, files or data. You assume all risk of accessing content
through the Service. Mediacom and its affiliates, licensors, contractors
and suppliers do not assume any responsibility for the content contained
on the Internet or otherwise available through the Service and they shall
not have any liability for any claims relating to access to such content.
Content questions or complaints should be addressed to the content
provider.
Certain Other Customer Responsibilities
Internet Content
You are solely responsible for any content that you or any User publish
or distribute on the Web or otherwise through the Service. You must, for
example, take appropriate precautions to prevent minors from receiving
inappropriate content. You represent and warrant to Mediacom, on
behalf of yourself and each User, that any and all content that you or
any User reproduces, stores, publishes, displays, transmits or distributes
complies with these Policies, and you authorize, on behalf of yourself
and each User, Mediacom and its distribution service providers or other
contractors to reproduce, store, publish, display, transmit, and distribute
such content as necessary for the provision of or otherwise in connection
with the Service and to identify you or any User as the author or source
of such content.
Internet Access
You and each User must comply with the rules of Web sites and other
resources you or any User access. The Service may provide access to
search engines, subscription services, newsgroups, chat areas, bulletin
boards, Web pages and other resources that publish terms of use, policies,
rules, guidelines or agreements to govern their use. You and each User
must review and adhere to any such terms, policies, rules, guidelines
and agreements, which may include standards unique for the particular
resource. In addition, the use of any software or content in connection
with or through the Service must be in accordance with any applicable
license agreements or terms of use.
Bandwidth and Data Storage
You and each User must comply with the bandwidth usage, data storage
and other limitations on the Service that are in effect from time to time.
If the aggregate usage by you and all Users exceeds these limitations,
Mediacom may, at its sole discretion, charge you for the excess usage,
reduce transmission speed or other Service parameters, limit, suspend or
terminate the Service or take other actions. By way of example (without
limitation) you may not:
• Use or run dedicated, stand-alone equipment or servers from your
premises that provide network content or any other services to
anyone outside of your premises. Examples of prohibited equipment
and servers include, but are not limited to, email, Web hosting, file
sharing, and proxy services and servers;
• Restrict, inhibit, or otherwise interfere with the ability of any other
person, regardless of intent, purpose or knowledge, to use or enjoy
the Service, including, without limitation, posting or transmitting
any information or software which contains a worm, virus, or other
harmful feature, or generating levels of traffic sufficient to impede
others’ ability to use, send, or retrieve information;
• Restrict, inhibit, interfere with, or otherwise disrupt or cause
performance degradation, regardless of intent, purpose or
knowledge, to the Service;
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• Resell the Service or otherwise make available to anyone outside the
your premises the ability to use the Service (for example, though
Wi-Fi or other methods of networking), in whole or in part, directly
or indirectly. The Service is for personal use only and you agree not
to use the Service for operation as an Internet service provider;
• Connect the Mediacom Equipment to any computer outside of your
premises;
• Interfere with computer networking or telecommunications service
to any user, host or network, including, without limitation, denial
of service attacks, flooding of a network, overloading the Service,
improper seizing and abusing operator privileges, and attempts to
“crash” a host; and
• Accessing and using the Service with anything other than a dynamic
Internet Protocol (“IP”) address that adheres to the dynamic host
configuration protocol (“DHCP”). You may not configure the
Service or any related equipment to access or use a static IP address
or use any protocol other than DHCP unless you are subject to a
Service plan that expressly permits you to do so.
Network Management
Mediacom manages its network with one goal: to deliver the best possible
broadband Internet experience to all of its customers. High-speed
bandwidth and network resources are not unlimited. If the company did
not manage its network, its customers would be subject to the negative
effects of spam, viruses, security attacks, network congestion, and other
risks and degradations of service. By engaging in responsible network
management including enforcement of these Policies, Mediacom can
deliver the best possible broadband Internet experience to all of its
customers.
The company uses reasonable network management practices that are
consistent with industry standards. While Mediacom tries to use tools
and technologies that are minimally intrusive, its network management
practices will change and evolve along with the uses of the Internet and
the challenges and threats on the Internet. The tools and techniques that
Mediacom uses to manage its network can and do change frequently. For
example, these network management activities may include, but may not
be limited to, (i) identifying spam and preventing its delivery to customer
e-mail accounts, (ii) detecting malicious Internet traffic and preventing
the distribution of viruses or other harmful code or content, (iii)
temporarily delaying or terminating traffic to and from high-bandwidth
users during periods of high network congestion, , and (iv) using other
tools and techniques that Mediacom may be required to implement in
order to meet its goal of delivering the best possible broadband Internet
experience to all of its customers.
Mediacom also reserves the right to suspend or terminate Service
accounts where bandwidth consumption is not characteristic of a typical
user of the Service as determined by Mediacom in its sole discretion.
You must also ensure that your use of the Service does not restrict,
inhibit, interfere with, or degrade any other person’s use of the Service,
or represent (as determined by Mediacom in its sole discretion) an overly
large burden on the network. In addition, you must ensure that your
use of the Service does not limit or interfere with Mediacom’s ability to
deliver and monitor the Service or any part of its network.
If you use the Service in violation of the restrictions referenced above,
that is a violation of these Policies. In these cases, Mediacom may, in its
sole discretion, suspend or terminate your Service account or request that
you subscribe to a different version of the Service if you wish to continue
to use the Service at higher bandwidth consumption levels. Mediacom
may also provide versions of the Service with different speed and
bandwidth consumption limitations, among other characteristics, subject
to applicable Service plans.
Mediacom reserves the right to investigate suspected violations of these
Policies, including the gathering of information from the user or users
involved. During an investigation, Mediacom may suspend the account
or accounts involved and/or remove or block material that potentially
violates these Policies. You expressly authorize and consent to Mediacom
and its suppliers cooperating with (i) law enforcement authorities in
the investigation of suspected legal violations, and (ii) and system
administrators at other Internet service providers or other network or
computing facilities in order to enforce these Policies. Upon termination
of your Service account, Mediacom is authorized to delete any files,
programs, data, e-mail and other messages associated with your account
(and any secondary accounts).
You must ensure that your or any User’s activities do not improperly
restrict, inhibit, or degrade any other user’s use of the Service, nor
represent (in the sole judgment of Mediacom) an unusually large burden
on the Service as a whole. In addition, you must ensure that your or any
User’s activities do not improperly restrict, inhibit, disrupt, degrade or
impede Mediacom’s ability to deliver, manage and administer the Service.
No Resale
Unless expressly permitted in a written agreement with Mediacom,
neither you nor any User may resell, share, or otherwise distribute the
Service or any part of it to any third party. For example, you cannot
use the Service to provide Internet access to others through a dial-up
connection, host shell accounts over the Internet, provide email or news
service or send a news feed.
Routers or Servers
Running a router or server in connection with the Service is not
prohibited, but is not supported by Mediacom. Neither you nor any User
may provide network services to others via the Service.
Mediacom Marks
Neither you nor any User may use any of the corporate or business
names, logos or trade or service names or marks of Mediacom or any
of its affiliates, licensors, contractors or suppliers unless and to the
extent you are expressly and specifically authorized to do so by a written
agreement with us or the owner of such name, logo or mark.
Equipment
All equipment provided by Mediacom in connection with the Service
(“Equipment”) will remain property of Mediacom or its suppliers. We
may, at our option, provide new, used or reconditioned equipment.
Equipment shall be used only for use of the Service pursuant to this
Agreement. You agree that neither you nor any User shall permit any
third party, to sell, lease, encumber or transfer any Equipment or the
right to use any Equipment. Neither you nor any User shall remove, or
permit any third party to remove, any Equipment from your premises. If
you relocate to a new address, you must contact Mediacom to arrange for
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removal of the Equipment and we may charge a new installation fee to
initiation Service at your new location.
You shall not, and shall not permit any User or third party to, connect
any other device to the Equipment that we have not specifically
authorized. The Equipment may not be serviced by anyone other than
our employees or authorized representatives. You shall not, and shall
not permit any User or third party to, modify or tamper with any
Equipment. Such prohibition includes altering the Equipment to change
its downloading or uploading capacity.
Mediacom may periodically change the requirements for the computers,
equipment, operating system or other items needed for the Service.
Mediacom is not obligated to continue to support previously acceptable
equipment and, if the requirements change, you may need to acquire new
or additional equipment or other items in order to continue to use the
Service. Mediacom has the right, but not the obligation, to periodically
upgrade, replace or otherwise change the firmware or software our
suppliers or we provide for the Service. You and each User consent to
such changes (whether or not we give notice of them) and agree that they
may be performed remotely through downloads by you or us to your
computer or installation at your premises by us or our representatives.
Mediacom may modify, replace, add to or relocate the Equipment.
IP Address Blocking/Suitability
The IP addresses provided for the Service will continue to be the property
of Mediacom or its suppliers and are not transferable by you. IP address
assignments are not guaranteed, and may be modified as required by
Mediacom, the American Registry for Internet Numbers (ARIN) or any
other relevant authority, agency or organization. Mediacom does not
promise that any IP address provided for use with the Service will not be
blocked by third parties. If you believe that an IP address be blocked due
to actions performed by the person to which it was assigned before you,
then, if requested by you, Mediacom will, if reasonably feasible, make a
direct request to the blocking party to have the IP address unblocked, but
cannot guarantee that such party will respond favorably to the request.
Any IP address blocked because of actions by you or any User while that
address is assigned to you is entirely your responsibility and Mediacom
will not be obligated to take any action to assist in having the IP address
unblocked. In all cases, Mediacom does not promise that any IP address
provided will be suitable for any activity, task or purpose intended or
desired by you or any User.
Warranties/Disclaimers
Anyone who uses the Service is doing so “as is” with no guarantees and
no warranty of any kind. Because Mediacom does not own or control
the Internet, Mediacom cannot and does not accept any responsibility
for injury to you or any User that results from inaccurate, unsuitable or
offensive Internet communications. It is up to you to control your use of
this Service and to make appropriate use of monitoring software that is
available from many third party vendors that can provide filtering and
parental control for offensive material. None of the Mediacom Parties has
any intention of being financially liable to any customer or user for any
harm that may occur through the use of the Service, regardless of whose
fault it may be. In addition, none of the Mediacom Parties is responsible
for backups of customers’ and users’ files and other information, and
Mediacom has the right to delete any information after a customer’s
service agreement is terminated.
Indirect Access
A violation of these Policies by someone having only indirect access
to the Service through a customer or other user will be considered
a violation by such customer or other user, whether or not with the
knowledge or consent of such customer or other user. As an example,
downstream providers are responsible for the actions of customers to
whom they provide services operating on the Service. Mediacom will
address and attempt to resolve complaints about the actions of customers
of downstream providers with such downstream provider.
In addition, these Policies apply to any email or content transmitted by
you or any User or on behalf of you or any User, which promotes content
hosted or transmitted using Mediacom facilities, or which indicates in
any way that any Mediacom Party was involved in the transmission of
such email or content.
Copyright Infringement
Mediacom respects the intellectual property rights of third parties,
including those granted under the US copyright laws, and the interests
of its subscribers and content providers on the Internet. Neither you nor
any User may store material of any type or in any format on Mediacom’s
systems or servers, disseminate or transmit any content or engage in
any activity that constitutes an infringement of third party intellectual
property rights, or privacy rights of Mediacom or any individual,
group or entity, including but not limited to any rights protected by any
patent, trademark, copyright, trade secret, trade dress, right of privacy,
right of publicity, moral rights or other intellectual property right now
known or later recognized by statute, judicial decision or regulation.
In accordance with the Digital Millennium Copyright Act (“DMCA”)
and other applicable law, it is the policy of Mediacom to terminate,
in appropriate circumstances, the Service provided to any subscriber
or account holder who is deemed to infringe third party intellectual
property rights, including repeat infringers. Appropriate circumstances
for such termination may include, but are not limited to, (i) a subscriber
or account holder being found by a court of competent jurisdiction to
have infringed the copyrights of a third party on two or more occasions,
i.e., a repeat infringer, (ii) Mediacom receiving a notice alleging facts
which are a violation by the subscriber or account holder of Mediacom’s
Copyright and Trademark Policy prohibiting infringing activity involving
Mediacom systems or servers, where such allegations are not refuted to
our satisfaction or (iii) other cases of repeated flagrant abuse of access
to the Internet (e.g., willful commercial piracy or malicious attempts
to destroy the value of copyrighted works). In addition, Mediacom
expressly reserves the right to terminate or suspend the Service of any
subscriber or account holder if Mediacom, in its sole judgment, believes
that circumstances relating to the infringement of third party intellectual
property rights warrant such action. These policies are in addition to
and do not affect or modify any other rights Mediacom may have under
law or contract. If you believe that copyrighted material has been used
in violation of these Policies or otherwise been made available on the
Service in a manner that is not authorized by the copyright owner, its
agent or the law, please follow the instructions for contacting Mediacom’s
designated copyright notice agent as set forth in Mediacom’s Copyright
and Trademark Policy located at http://www.mediacomcc.com/
disclaimer_trademark.html.
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These Policies are Also for the Benefit of Certain Third
Parties
Incident Reporting
In providing the Service, the Mediacom Parties, or any of them, may
use the services, equipment and infrastructure and content of affiliates,
software licensors, network “backbone” providers, and other contractors,
suppliers and third parties. Each such person is expressly made a third
party beneficiary of these Policies and the disclaimers, exclusions and
limitations of warranties and liabilities, and your indemnification
obligations, stated in these Policies and in your applicable Internet
Service Agreement. This means that each such person is entitled
to directly assert and enforce against you these Policies and those
disclaimers, exclusions, limitations and obligations in its, his or her own
name and right. Otherwise, there are no third party beneficiaries of these
Policies.
Any questions or complaints regarding violations of these Policies should
be directed to Mediacom by email at [email protected]. When reporting
potential violations, where possible, you agree to include details that
would assist Mediacom in investigating and resolving the complaint (i.e.
expanded headers and a copy of the offending transmission).
Revisions to these Policies
Mediacom may modify these Policies at any time, effective when
posted to Mediacom’s public Web site. Notice may also be provided
via electronic mail or regular mail. If you disagree with any changes,
then your sole recourse is to cancel the Service. Any customer who
has not notified Mediacom of cancellation in writing within 30 days of
Mediacom’s posting of such change tacitly agreed to abide by the changed
Policies.
Consequences
No Waiver
You are contractually obligated to abide by these Policies when using
the Service and to ensure that Users likewise comply. Violations of these
Policies may result in a demand for immediate removal of offending
material, immediate temporary or permanent filtering, blocked access,
suspension or termination of service, or other action appropriate to
the violation, as determined by Mediacom in its sole discretion. When
feasible, it is Mediacom’s preference to give notice so that violations
may be addressed voluntarily; however, Mediacom reserves the right
to act without notice when necessary, as determined by Mediacom in
its sole discretion. Mediacom may involve, and will cooperate with,
law enforcement if criminal activity is suspected. Violators may also
be subject to civil or criminal liability under applicable law. Refunds or
credits are not issued in connection with actions taken for violations of
these Policies. None of the Mediacom Parties shall have any liability for
any such responsive actions. In addition, you agree, on behalf of yourself
and each User, to reimburse and indemnify the Mediacom Parties, or
any of them, for all claims, suits, proceedings, investigations, liabilities,
damages, judgments, costs and expenses, including reasonable attorneys’
fees, that directly or indirectly result from, arise out of or relate to any
such violation.
The failure of Mediacom to enforce these Polices, for whatever reason,
shall not be construed as a waiver of any right to do so at any time. You
agree that, if any part of these Policies is held invalid or unenforceable,
such portion will be construed consistent with applicable law as nearly as
possible, and the remaining portions will remain in full force and effect.
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